A/HRC/RES/44/20 exercise may be subject to certain restrictions, in accordance with States’ obligations under applicable international human rights instruments, Recognizing also that any such restrictions must be based in law, and be necessary and proportionate to further a legitimate aim, in accordance with the State’s obligations under applicable international human rights instruments, and that, if imposed, administrative or judicial review that is prompt, competent, independent and impartial should be available, Reaffirming that emergency measures taken by Governments in response to the coronavirus disease (COVID-19) pandemic must be necessary, proportionate to the evaluated risk and applied in a non-discriminatory way, have a specific focus and duration, and be in accordance with the State’s obligations under applicable international human rights law, Recalling that States have the primary responsibility for the promotion and protection of human rights and fundamental freedoms, including in the context of assemblies such as peaceful protests, and to ensure that national legislation, policies and practices, as the national framework for the exercise of the rights to freedom of peaceful assembly, of expression and of association, are in compliance with their international human rights obligations and commitments, Noting that the proper management of assemblies involves and can have an impact on respect for human rights before, during and after an assembly, and aims to contribute to its peaceful conduct and to prevent injuries to and loss of life of those participating in and monitoring such protests, and bystanders and officials exercising law enforcement duties, Acknowledging that peaceful protests may occur in all societies, including protests that are spontaneous, simultaneous, unauthorized or restricted, Acknowledging also that participation in peaceful protests can be an important form of exercising the rights to freedom of peaceful assembly, of expression, of association and of participation in the conduct of public affairs, Recognizing that peaceful protests can make a positive contribution to the development, strengthening and effectiveness of democratic systems and to democratic processes, including elections and referendums, Recognizing also that peaceful protests have historically played a constructive social and political role in the development of more just and accountable societies, and that such protests can continue to make a positive contribution to human development and to the full enjoyment of civil, political, economic, social and cultural rights, Reaffirming that everyone has the right to life, liberty and security of person, Reaffirming also that participation in public and peaceful protests should be entirely voluntary and uncoerced, Recalling that the rights to freedom of peaceful assembly, of expression and of association include organizing, participating in, observing, monitoring and recording assemblies, Stressing therefore that everyone, including persons espousing minority or dissenting views or beliefs, must be able to express their grievances or aspirations in a peaceful manner, including through public protests, without fear of reprisal or of being intimidated, harassed, injured, sexually assaulted, beaten, arbitrarily arrested or detained, tortured, killed or subjected to enforced disappearance, or subjected to abusive criminal or civil proceedings, Deeply concerned about extrajudicial, summary or arbitrary executions, arbitrary arrests and detention, enforced disappearances, and torture and other cruel, inhuman or degrading treatment or punishment of persons exercising their rights to freedom of peaceful assembly, of expression and of association in all regions of the world, Deeply concerned also about misinformation, disinformation, misuse of new technologies and undue restrictions preventing or impairing an individual’s ability to have access to or disseminate information, inter alia, at key political moments, with an impact on the ability to organize and conduct assemblies, 2

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